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Kelly, Sinema, Tester, Hassan Highlight Concerns with Administration’s Preparation for the End of Title 42, Call on DHS to Detail Plans

Government and Politics

November 28, 2022


U.S. Senators Mark Kelly (D-Ariz.), Kyrsten Sinema (D-Ariz.), Jon Tester (D-Mont.), and Maggie Hassan (D-N.H.) wrote to the U.S. Department of Homeland Security detailing their concerns with the Administration’s current preparations for the end of Title 42 and asking for answers on how the Administration plans to ensure operational control of the border and fair and humane treatment for migrants once Title 42 ends.

The Senators’ letter comes following the November 15th ruling from the U.S. District Court for the District of Columbia ending the use of Title 42.

“Since the Director of the Centers for Disease Control and Prevention (CDC) issued the Public Health Determination and terminated the Title 42 Order on April 1, 2022, we have expressed concern with DHS’ preparations for the end of Title 42, especially as the situation has deteriorated at times,” wrote the Senators. “Record annual encounters have led to untenable situations. In Arizona, shelters have been forced well beyond capacity. This month, El Paso has seen over 700 migrants released directly onto city streets due to overcrowding. This is not safe, and creates a dangerous situation for migrants and communities.”

Read the Senators’ full letter HERE.

Earlier this year, the Senators partnered with lawmakers on both sides of the aisle to introduce the bipartisan Public Health and Border Security Act to require all COVID-19 related emergencies be lifted before Title 42 is officially terminated. The bill specifically would have prevented the Administration from ending the Title 42 emergency authority until at least 60 days after ending the COVID-19 National Emergency and the Public Health Emergency. After the end of the emergencies, the Department of Homeland Security would have thirty days to submit to Congress a plan to address the impacts of the post-Title 42 migrant influx. That plan must be made in coordination with local governments, federal agencies, and non-governmental organizations on the frontlines of the migrant crisis.